A personal injury claim is a claim for damages that a person has suffered as a result of injuries sustained in an accident or as a result of the death of a breadwinner in an accident. As a rule, the accident must have been caused by the negligence of another person.
The most common personal injury claim is for damages suffered by a person arising from an injury sustained in a motor vehicle accident or where a dependant’s breadwinner is killed in a motor vehicle accident. Other examples of accidents which may lead to personal injury claims are incidents where a person is bitten or injured by a dog, or slipping and falling in a shopping centre, on business premises or in a public area.
Damages in this context may include recovery of costs incurred as a result of the injury, such as hospital and other medical expenses, as well as a general amount towards the trauma of pain and suffering. There are different rules applicable in respect of the type of damages.